Wrongful Dismissal Definition

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GLOSSARY

/ˈrɒŋfʊl,ˈrɒŋf(ə)l/ /dɪsˈmɪsl/

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What does Wrongful Dismissal mean?

Wrongful dismissal is dismissal in breach of contract. Someone wrongfully dismissed may claim compensation for all financial and other benefits they would have received had they been dismissed in compliance with the contract (ie remained employed until the end of (i) their notice period, or (ii) the contract's fixed term).

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Drafting checklist for claim or response—unfair dismissal: redundancy

Drafting checklist for claim or response—unfair dismissal: redundancy Both parties • Was the Claimant an employee? See Practice Notes: Entitlement to claim unfair dismissal—Eligibility and Employee status • Did the Claimant have requisite qualifying service, or does an exception apply? See Practice Note: Qualifying period for unfair dismissal • Has the Claimant complied with the requirement for early conciliation or does one of the exemptions apply? See Practice Note: The early conciliation requirement • Is the claim brought within the three-month time limit, or the period as extended if the requirement for early conciliation applies? See Practice Notes: Unfair dismissal time limit and The early conciliation requirement—Extension to time limits (the 'stop the clock' provisions) • Is the contract of employment arguably void for illegality? See Practice Note: Entitlement to claim unfair dismissal—Illegality • Does the Claimant fall within a category of employee excluded from unfair dismissal protection, eg police constables. See Practice Note: Entitlement to claim unfair dismissal—Particular types of employment • Was the Claimant’s work based in Great...

Drafting checklist for claim or response—statutory redundancy payment

Drafting checklist for claim or response—statutory redundancy payment Both parties • Was the Claimant an employee? See Practice Note: Entitlement to statutory redundancy payment—Is the worker an employee—eligibility • Was the Claimant an office holder deemed to be an employee? • Does the Claimant fall within a category of worker excluded from the right to a redundancy payment? See Practice Note: Entitlement to statutory redundancy payment—Is the worker an employee—excluded employees • Was the Claimant an employee dismissed whilst an exemption order was in force? • Was the Claimant dismissed for misconduct without notice or with short notice? If not, was the Respondent entitled to dismiss the Claimant without notice and did the Respondent give the Claimant a notice in writing to that effect? • Was the Claimant dismissed for taking part in a strike? • Did the Claimant give notice to the Respondent that he intended to leave before the end of his notice period, having been given notice of dismissal for redundancy? Did the Respondent serve...

Discover our 3 Checklists on Wrongful Dismissal

Employment claims in Scottish civil courts

Employment claims in Scottish civil courts Scottish civil courts, like their counterparts in England and Wales, can and do decide certain employment disputes. However, there are very significant differences between the civil court systems in Scotland and in England and Wales which practitioners need to be aware of. This Practice Note provides an overview of: • the most common orders sought by employment lawyers in Scottish civil courts • the structure of the Scottish civil court system • the jurisdiction and key features of each relevant court • rights of audience • rules of procedure • important points about: ◦ breach of contract claims in Scotland ◦ injunctive (interlocutory) relief in Scotland ◦ dawn raids in Scotland ◦ industrial relations disputes in Scotland ◦ equality of terms claims in Scotland The purpose of this Practice Note is to provide an introduction to the key features of the Scottish civil court system for employment lawyers. It is not intended to and does not purport to be a comprehensive account of...

Ireland—Fixed-term employees

Ireland—Fixed-term employees Fixed-term employees are those whose employment is agreed to end on a particular date in the future or upon the occurrence of a specific event. They differ from employees who have contracts of indefinite duration whose employment will continue until terminated either by the employer or by the employee. This Practice Note provides an overview of the rules applicable to fixed-term employees in Ireland and the essential aspects of fixed-term employment for practitioners to understand. Background legislation Similar to much of the employment law in Ireland, the legislation which gives rise to the bulk of protection of fixed-term employees is grounded in EU law. Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (the Fixed-Term Work Directive) was implemented into Irish law under the Protection of Employees (Fixed-Term Work) Act 2003 (Ireland) (PE(FTW)A 2003 (IRL)). PE(FTW)A 2003 (IRL) sets out the requirements on employers to ensure there is no less favourable treatment of fixed-term employees when compared...

Discover our 6 Practice Notes on Wrongful Dismissal

ET3 Response to unfair dismissal claim—conduct

ET3 Response to unfair dismissal claim—conduct [Insert in para 6.1 of response form ET3:] 1 It is [accepted OR not accepted OR denied] that the Claimant was employed by the Respondent as a [insert job title, eg ‘service engineer'] from [insert start date of employment] until his dismissal on [insert end date of employment]. It is [accepted OR denied] that the Respondent is [insert brief description of the nature of the Respondent, eg an internet service provider]. 2 The Respondent denies that the Claimant was unfairly dismissed[ and/or wrongfully dismissed] [ and/or that there was a failure to comply with the statutory right to be accompanied by a trade union representative or colleague at a disciplinary hearing], as alleged or at all. [ The Contract of Employment ] 3 [It is accepted that the Claimant’s contract of employment included a notice period of [insert details, eg three months]. However, the contract of employment[ at paragraph [insert number]] also expressly provided for dismissal without notice in the...

ET1 Claim for unfair dismissal—constructive dismissal

ET1 Claim for unfair dismissal—constructive dismissal [Insert in para 8.2 of claim form ET1:] 1 The Claimant was employed by the Respondent as [insert job title, eg ‘a financial analyst’ or ‘an insurance sales manager’] from [insert start date of employment] to [end date of employment][ at its [insert details of particular office or location, eg ‘London Headquarters in Canary Wharf]]. The Respondent is [insert brief description of the nature of the Respondent, eg a global investment bank]. 2 The Claimant’s contract of employment[, dated [insert date],] included the following term[s]: 2.1 [ [ EXAMPLE A (Breach of term of trust and confidence): ]an implied term that the Respondent would not, without reasonable and proper cause, conduct itself in a manner likely to destroy the relationship of trust and confidence between employer and employee; OR 2.2 [ EXAMPLE B (Fundamental breach of express term): ]an express term that the Respondent would pay the Claimant an annual bonus every July based on the performance...

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